Proposal for a COUNCIL REGULATION (EEC) imposing a definitive anti-dumping duty on imports of magnesium oxide originating in the People' s Republic of China
Date: 1993-05-13
Institutions: European Commission
Subjects: China, anti-dumping duty, magnesium, oxide

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(93) 181 final 

Brussels,  13  May  1993 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

inposing a definitive anti-dumping duty on imports of 

Magnesium oxide originating in the People's Republic of China 

(presented  by the Commission) 

J 

liC^* 

Mit-

is 

UkâLj^ 

Sil'ÉI^''S|*fc 

Itilif 

A 

Explanatory  Memorandum 

1.  Commission  Regulation  (EEC)  No  2800/92(*•)  imposed  a  provisional 
anti-dumping  duty  on  imports  of  magnesium  oxide  (commonly  called 
caustic magnesite) originating  in the People's Republic of China. 

2.  Council  Regulation  (EEC)  No  105/93(2)  extended  this  duty  for  a 
period of two months. The expiry date for this provisional duty was 
Thursday  26 March 1993. 

3.  The Chinese exporters requested and were granted a hearing and made 
their views known in writing, as did other interested parties. 

4.  A  prolonged  process  of  consultation  was  necessary  in  order  to 
consider fully all views before the Commission was able to draw its 
final  conclusion.  This  lengthy  consultation  has  resulted  in  the 
provisional measures  lapsing on 26 March  1993 before the imposition 
of definitive measures. 

5.  With  regard  to  normal  value,  following  publication  of  the 
provisional  measures  and  the  subsequent  disclosure  of  the 
Commission's dumping calculation, the Chinese exporters showed that 
insufficient  allowance had been made to take  into account the ease 
of  access  to raw materials  found  in China when compared  to Turkey, 
the  reference  country.  The  Commission  modified  its  calculation 
acccordingly. 

6.  With regard to the comparison between normal value and export price 
the Chinese  exporters  showed  that  insufficient  adjustment  had  been 
made  to  normal  value  to  allow  for  differences  in  the  burning 
process  in China  compared with  Turkey. The  Commission modified  its 
calculation  accordingly. 

7.  As  a  result  of  these  changes  to  normal  value,  the  dumping  margin 

for all Chinese exporters  is reduced to 27.09%. 

8.  As  far  as  other  points  in  the  provisional  measures  are  concerned, 
particularly with regard to injury  and causality, various  arguments 
were put forward by the Chinese exporters, the Community importers, 
and  users,  as  to  why  definitive  measures  should  not  be  imposed. 
These arguments are discussed  in detail in the attached regulation, 
however,  the  Commission  has  proposed  that  definitive  anti-dumping 
measures  should be imposed. 

(1) OJ No L 282, 26.09.1992, p. 23 
(2) OJ No L  15, 23.01.1993, p.  2 

-4  ©^ 

9.  With  regard  to  the  calculation  of  the  definitive  duty,  the 
Commission  has  taken  into  consideration  the  contribution  of  the 
dumped  imports  to  the  poor  economic  situation  of  the  Community 
industry. It considers that only a duty equal to the full dumping 
margin,  which  would  bring  the  Chinese  prices  up  to  the  normal 
value,  is  sufficient  to  remove  the  injury  experienced  by  the 
Community industry. 

10. As far as the form of the duty is concerned the Commission notes 
that the caustic magnesite market  is very  sensitive to the price 
instability  generated  by  the dumped  Chinese imports. The  form of 
the duty  should be such as to prevent further price decreases by 
the Chinese exporters. In these circumstances  a minimum  price at 
which the Chinese magnesite can be sold on the Comminity market has 
been established. This minimum price is 112 ECU per tonne for all 
grades.  Consequently  the  duty  shall  be  equal  to  the  difference 
between this minimum price and the net free at Community frontier 
price before customs clearance. 

COUNCIL REGULATION  (EEC) No 

Of 

imposing  a definitive anti-dumping  duty on imports of 

magnesium oxide originating  in the People's Republic  of China 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic 

Community, 

Having  regard  to  Council Regulation  (EEC)  No  2423/88  of  11 July  19 88 

on  protection  against  dumped  or  subsidised  imports  from  countries  not 

members  of  the  European  Economic  Community(*)  and  in  particular 

Article  12 thereof, 

Having  regard  to  the  proposal  from  the  Commission,  submitted  after 

consultation within  the Advisory  Committee  as provided  under the  above 

Regulation, 

Whereas  : 

A. PROVISIONAL MEASURES 

(1)  The  Commission,  by  Regulation  (ECC)  No  2800/92(2),  (hereafter 

referred  to  as  the  provisional  regulation)  imposed  a  provisional 

anti-dumping  duty  on  imports  of  magnesium  oxide  (commonly  called 

caustic  magnesite)  originating  in  the  People's  Republic  of  China 

and falling within the CN Code ex 2519  90 90. 

(1) OJ No L 209, 02.08.1988, p. 1 

(2) OJ No L 282, 26.09.1992, p. 23 

-  2 QL 

B. SUBSEQUENT PROCEDURE 

(2)  Following  the  imposition  of  the  provisional  anti-dumping  duty, 

five  Chinese  exporters  and  some  independent  importers  requested 

and  were  granted  an  opportunity  to  be  heard  by  the  Commission. 

They also made written submissions making known their views on the 

findings  as  did  other  independent  importers,  some  end  users  and 

the Chinese Authorities. 

(3)  Parties  were  also  informed  of  the  essential  facts  and 

considerations  on the basis  of which  it was  intended  to recommend 

the  imposition  of definitive  duties  and the  definitive  collection 

of  amounts  secured  by  way  of  a  provisional  duty.  They  were  also 

granted  a  period  within  which  they  could  make  representations 

subsequent to these disclosures. 

(4)  The  oral  and  written  comments  submitted  by  the  parties  were 

considered  and, where  appropriate, the  commission's  findings  were 

modified to take account of them. 

C. PRODUCT UNDER CONSIDERATION - LIKE PRODUCT 

(5)  Certain  Chinese  exporters,  independent  importers  and  end  users 

have  repeated  the  argument  that  caustic  magnesite  originating  in 

the  Community  and  elsewhere  is  not  a  like  product  to  that 

originating  in  the  People's  Republic  of  China.  In  this  respect, 

the  Chinese  exporters  proposed  that  an  independent  technical 

expert be appointed by the Commission to determine the question of 

whether  or not Chinese magnesite  is a  "like product" to any  other 

caustic  magnesite,  in  terms  of  the  quality  of  its  mineral 

deposits, the  extracting  and  processing methods, its  chemical  and 

physical characteristics  and the application of the final product. 

-  3 -

(6)  The  Commission  accepts  that  an  independent  expert  may  provide 

factual  information  as  to  any  such  differences  between  Chinese 

magnesite  and  that  from  other  sources.  The  existence  of  these 

differences  is, however,  accepted  by  the  Community  Institutions. 

It  is  also  not contested  that these  differences  do  not  alter  the 

fact  that  the  basic  physical  and  chemical  characteristics  of  all 

types of magnesite are identical. Only if these basic physical and 

technical  characteristics  were  to  be  different,  could  it  be 

considered  that  the  different  types  of  magnesite  are  not  similar 

products. The fact that caustic magnesite from whatever source can 

be used  interchangeably  by end users confirms that  it is one  like 

product.  It was  thus  not  considered  necessary  to  appoint  such  an 

expert for these reasons and for those given in recitals  10 and 11 

of the provisional regulation. 

The Council confirms these findings and conclusions. 

D. DUMPING 

a) Reference country 

(7)  In  its  provisional  regulation,  the  Commission  found  that  Turkey 

was  an  appropriate  reference  country  for  the  determination  of 

normal  value  for  the  People's  Republic  of  China.  After  the 

imposition of provisional duties some of the exporters objected to 

the  use  of  Turkey  as  a  reference  country  and  proposed 

Czechoslovakia  as being more  appropriate  because  of the nature  of 

its reserves, its processing  techniques, and the  range of  the MgO 

(magnesium  oxide)  grades.  They  argued  that  the 

former 

Czechoslovakia,  while  being  a  market  economy,  has  an  economic 

structure closer to that of China. 

-  4 -

The Commission  recalls  however  that, in conformity  with  Regulation 

(EEC) No  1765/82<3),  the  former  Czechoslovakia  cannot  be  regarded 

as a market economy during the investigation period of July  199 0 to 

June  1991.  According  to  the  provisions  of  Article  2(5)  of 

Regulation  (EEC) No 2423/88, prices  and costs  in such a non market 

economy cannot be used as a basis for establishing normal value. 

When  selecting  a market  economy  country  in which  normal  value  can 

be established,  the Commission takes  several  factors  into account. 

It  considers  the  access  to  raw materials, the  representativity  of 

the market  in relation to the quantities  exported by the  exporting 

country  and whether  cost  and  prices  of  the product  in question  in 

that country are formed by competitive market forces. 

After  a  full  examination  of  conditions  in Turkey  in the  light  of 

the  above  considerations, the Commission  concluded,  as  in  recital 

15  of  the  provisional  regulation,  that  Turkey  is  an  appropriate 

reference country. 

The Council confirms these findings and conclusions. 

b) Normal value 

(8)  With regard to the price situation in Turkey, the Commission found 

that  the  high  proportion  of  sales  between  related  companies  made 

it  inappropriate  to base  normal value on  selling  prices. However, 

it  was  found,  as  shown  in  recital  16  of  the  provisional 

regulation,  that  the  costs  of  production  of  the  Turkish  producer 

are  determined  through  a  process  of  competitive  tendering.  Costs 

of production are thus established  in the ordinary course of trade 

and form an appropriate basis for normal value. 

(3) OJ No L  195, 05.07.1982 

- 5 -

(9)  The Chinese exporters argued, after the imposition of provisional 

duties, that the normal value  as constructed  for each MgO grade 

and  as  adjusted  to  take  account  of  differences  in  conditions 

between  China  and  Turkey,  did  not  fully  reflect  the  natural 

advantages of China, where they claimed magnesite can be extracted 

and processed more easily than in Turkey. 

The Commission, to some extent, agrees  with this argument. As far 

as  the  differences  in  the  mining  and  processing  methods  are 

concerned,  the  Commission  accepts  that  for  Chinese  produced 

caustic  magnesite,  due  to  the  natural  advantages,  some  cost 

factors  do  not  exist  in  China.  In  the  provisional  regulation 

normal value was adjusted to allow for beneficiation and sorting 

processes found in Turkey but not found in China. The Commission 

now  considers that an additional allowance should be made for the 

ease of access to raw materials in China in comparison with that 

of  Turkey.  Therefore,  taking  into  account  the  actual  ore/spoil 

ratio found in Turkey and the level of adjustment suggested by the 

Chinese exporters, the costs of  extraction have been reduced by 

20% as found in Turkey. 

On  this  basis, the  normal value  as  established  for  the Turkish 

producer is considered to reflect the natural advantages in China. 

The Chinese  exporters  argued  that  a further  allowance  should be 

made in the light of the claimed proximity of the open cast mines 

to the kilns in China. In this respect it has to be recalled that 

only differences which stem from the different natural advantages 

of the product in China and in Turkey can justify adjustments to 

be made to the normal value based on the situation in Turkey. The 

location  of  kilns, however,  is  not  a  natural  advantage  of  the 

Chinese magnesite industy but is a result of commercial decisions 

made by  the production  organisation  concerned.  In any  event the 

distance between mine and kilns varies constantly, as the mine and 

its resources are exploited. 

_ 6 -

(10) The normal value thus established is confirmed by the council. 

(c) Export Price 

(11) The Council  confirms the method  used to establish  export prices 

set  out  in  recital  19  of  the  provisional  regulation  as  no 

substantial  comments  in  this  respect  were  made  by  interested 

parties. 

E. COMPARISON AND DUMPING MARGIN 

(12) The  Chinese  exporters  argued  that Chinese producers use simple, 

low cost, coke burning, shaft kilns and that an adjustment of 10% 

should  be  made  to  reflect  lower  burning  costs  in  China.  The 

Commission  established,  however, that  the  Turkish  producer  also 

uses  shaft  kilns. By  contrast  the  Commission  accepted  that  an 

allowance  should be made to reflect the higher cost of the fuel 

oil used by the Turkish producer and costs of production have thus 

been reduced by 3%. No other observation having been raised by any 

other  party, the  findings  and  conclusions  in recital  20  of  the 

provisional regulation are hereby confirmed by the Council. 

The  final  examination  of  the  facts  showed  the  existence  of 

dumping, the margin of dumping being equal to the amount by which 

the normal value exceeds the price  for export to the Community. 

This  margin  is  equal  to  ECU  24  per  tonne,  if  calculated  as  a 

percentage  of  the  weighted  average  CIF  value  of  the  imports 

concerned and expressed as an ECU value. 

(13) For  the  purpose  of  the  provisional  findings  the  Commission  has 

established a single dumping margin for all Chinese exporters. The 

co-operating Chinese exporters contested the single dumping margin 

and argued that the Commission  should calculate a dumping margin 

for each co-operating exporter. 

-  7 -

The Commission recalls however that, with regard  fo exports  from * 

non-mark»?L  economy,  individual  tieatment  must  i <=iuaiii  a  strict 

exception  to  be  applied  solely  in  cases  where  the  producer 

concerned  has  provided  evidence  that  it  is  free  to  establish 

export  pricon without  the  influence of  the  titate authorities  The 

state, through its control, could modify the pattern of production 

and  trade,  so  as  to  take  advantage  of  the  lowest  dumping  margin 

and  thus  undermine  the  effectiveness  of  any  measures.  In  this 

respect, as explained  in recital 22 of the provisional regulation, 

these exporters could not demonstrate that they are independent of 

any  State  influence  and  are  free  in  fixing  their  export prices. 

Therefore only one dumping margin for all Chinese exports has been 

established.  The  Council  confirms  the  above  findings  and 

conclusions. 

F.  INJURY 

( 1 4)  T he  C o m m i s s i on 

«-one I utl«=>ri  in 

i t a 

pi. »v i s i<»im I  ic-..|nlnt i on 

( a oc 

recitals  23-33)  that  the Community  industry  had  suffered  material 

injury  as  a  result  of  the  dumped  imports  of  caustic  magnesite 

originating  in  the  People's  Republic  of  China.  Imports  of  the 

product  concerned  from  the  People's  Republic  of  China  increased 

from  72.000  tonnes  in  1988  to  over  120.000  tonnes  during  the 

investigation  period  of  1 July  1990  to  30  June  J9*J1,  the  market 

share of the Community  producers decreased  in a growing market and 

their prices  were  significantly  depressed. All  sales  by  Community 

pro<lue«»itt  wui »«  loon  making  oi  at  a  low  profil  l«*vel.  in  this» 

respect  no  new  arguments  were  put  forward  by  interested  parties. 

The  Council,  therefore,  confirms  the  Commission  findings  and 

conclusions as in recital  33 of the provisional  r««|u I .-it ion. 

(15) The  Chinese  exporters  argued  that  there  can  be  no  injury  for 

grades  above  91%  MgO  as  the  Community  producer  of  these  grades 

has, allegedly, continually  increased  sales, production volume and 

capacity  utilisation. 

- 8 -

As established  in recital  35 of the provisional regulation, the 

Commission  did  not  find, during  its investigation, that this or 

any  other  Community  producer  had  increased  sales,  production 

volume  and  capacity  utilisation  for  these  grades.  In addition, 

this argument ignores the fact that according to Article 4(4) of 

Regulation EC No 2423/88 injury has to be established in relation 

to the Community production of the like product, which consists of 

all  types  and  grades  of  magnesite  which  are  largely 

interchangeable.  If  sales  in  the  Community  by  the  Community 

producers of certain grades are not affected by dumped imports in 

an  identical  way  to  other  grades, this  has  to  be  seen  in  the 

global  context  of  the  Community  industry•s  performance  on  the 

Community market for the like product as a whole, which means all 

types  and  grades. This  argument  has, therefore, to be rejected. 

The Council confirms the above findings and conclusions. 

G. CAUSATION OF INJURY 

(16) As  set out  in recitals  34 and  35 of the provisional regulation, 

the  Commission  found  that  the  Community  industry  had  suffered 

material  injury  through  the effect  of dumped  imports within the 

meaning of Article 4(1) of Regulation  (EEC) No 2423/88. However, 

after  the  imposition  of  provisional  measures,  the  Chinese 

exporters  and  some  importers  argued  that  the  rising  costs  of 

production  incurred by Community producers  indicated  that injury 

was  self  inflicted  and  not  attributable  to  imports  from China. 

They also argued that injury had been caused by imports from North 

Korea. 

- 9 -

(17) With regard  to the  first  argument, the commission  did  not find 

that  Community  producers•  costs  had  risen  significantly  between 

1988  and  the  investigation  period.  The  worsening  financial 

position of the Community industry was the result of the downward 

pressure  on  prices  from  dumped  imports  from  China  while  costs 

remained  stable. The  Commission,  therefore,  cannot  accept  that 

there was any self inflicted  injury on the part of the Community 

industry  due  to  rising  costs  of  production  and  this  argument, 

therefore, has to be rejected. 

(18) With regard to imports from North Korea the Commission notes that 

China is by far the largest source of imports of caustic magnesite 

into the  Community. North  Korea  accounted  for  8% of  imports of 

caustic magnesite into the Community during the reference period, 

whereas China accounted for 54% of the imports. Accordingly, while 

it cannot be excluded that factors other than dumped imports from 

China also had negative effects on the Community industry, it must 

be concluded that the very substantial expansion in volume and the 

low prices of the dumped Chinese exports have been responsible for 

the fall in market share and deteriorating  financial position of 

the Community  producers. These exports taken  in isolation, must, 

therefore, be  considered  to  have  caused  material  injury  to the 

Community industry. 

(19) The  pulp  and  paper  producers  and  liquid  fertiliser  producers 

argued that imports from China used by them had not caused injury 

to  the  Community  producers  as  the  Community  producers  did  not 

offer  for  sale  caustic  magnesite  with  the  appropriate  chemical 

profile. 

- 10 

In  this  respect,  the  Commission  recalls  that  all  the  products 

imported and the magnesite produced by the Community industry are 

like products  having  the  same basic  and  identical  physical  and 

chemical characteristics and the same applications. The commission 

found in addition, that the Community industry is able to provide 

all  types  of  magnesite,  including  those  which  meet  the 

requirements of the above mentioned users.  The fact that, in this 

specific case, the Community  industry could not sell these types 

of magnesite  to these users, while the Chinese  exporters could, 

due  to  their  low  prices,  is  a  further  indication  that  the 

Community industry was injured by the dumped imports from China. 

The Council confirms the above findings and conclusions. 

H. DUTY 

(20) As  far  as  the  amount  of  the  duty  is  concerned,  the  Commission 

established in recital 45 of the provisional regulation that only 

a duty equal to the full dumping margin (as established in recital 

12) which would bring the Chinese prices up to the normal value, 

is sufficient to remove the injury, caused by dumping, experienced 

by  the  Community  industry.  No  arguments  concerning  this  duty 

amount  were  put  forward,  subsequent  to  the  imposition  of  the 

provisional  duty,  the  Council,  therefore,  confirms  the 

Commission's findings and conclusions in this respect. 

As  far  as  the  form  of  the  duty  is  concerned,  the  Commission 

considers that the structure of a state controlled economy gives 

the Chinese exporters considerable room for manoeuvre to further 

decrease  their export prices and  such  falls  in price by Chinese 

exporters have indeed taken place since 1988. The magnesite market 

is very sensitive to price instability thus the form of the duty 

should  be  such  as  to  prevent  further  price  decreases  by  the 

Chinese exporters. Therefore, neither a fixed amount of duty nor 

an ad-valorem duty seem to be appropriate. 

- 11 -

In these circumstances  it is considered that a minimum price at 

which the Chinese magnesite should be sold on the Community market 

should be established. This minimum price has been calculated on 

the  basis  of  the  weighted  average  normal  value  of  caustic 

magnesite  as  established  in  recital  9  and  as  adjusted  to  CIF 

Community frontier  value. This minimum price is 112 ECU per tonne 

for  all  grades,  consequently,  the  duty  should  be  equal  to  the 

difference  between  this  minimum  price  and  the  net  free  at 

Community  frontier  price  before  customs  clearance.  This  is 

confirmed by the Council. 

I. COMMUNITY INTEREST 

(21) In assessing the community interest, two basic elements have to be 

taken into account. The  first is that to prevent distortions of 

competition arising from unfair commercial practices and  thus to 

re-establish open and fair competition on the Community market is 

the purpose of anti-dumping measures and is fundamentally  in the 

general Community interest. The second is that, in the particular 

circumstances  of  the  present  proceeding,  to  refrain  from  re 

establishing  a  fair  market  situation  would  endanger  the  future 

existence  of  the  caustic  magnesite  industry  since the  Community 

industry is at present unable to generate the profits necessary to 

continue trading. The Community  caustic magnesite  industry would 

cease  to  be  a  source  of  technical  expertise,  employment  and 

investment, see recital 43 of the provisional regulation. 

(22) Certain importers and end users argued that any increase in costs 

for  end  users  in  the  pulp  and  paper  industry  would  seriously 

affect their  ability to compete with other manufacturers outside 

the Community. 

-  12 -

The Commission  accepts that these industries  are  currently  facing 

a  difficult  trading  situation  both  within  and  outwith  the 

Community which could be exacerbated by increases  in the price of 

caustic  magnesite.  The  Commission  considers,  however,  that  the 

impact  of  the  duty  in  the  form  of  a minimum  price  per  tonne,  as 

established  in  recital  20  above,  will  be  such  as  to  enable 

industrial users, such as those in the pulp and paper industry, to 

buy caustic magnesite at prices which are not significantly higher 

than  those  of  their  competitors  outside  the  Community  and  thus 

maintain  their  competitive  position.  In  addition,  in  general, 

while there might be a short term price advantage to end users  if 

no duty  is  imposed, to refrain from establishing  fair  competition 

on  the  Community  market  would,  in  the  longer  term,  lead  to  less 

competition and higher prices. 

(23) Some  importers  argued  that  there  was  no  need  to  protect  the 

Community  Industry  in  respect  of  supplies  of  caustic  magnesite 

which it cannot deliver. They suggest that the current capacity of 

the  Community  industry  is  not  sufficient  to  supply  the  entire 

Community demand. 

While  it is true that production  in the Community  is, at present, 

insufficient  to  meet  demand  for  the  product  concerned,  the 

Commission  found  that  the  Community  industry  is  currently 

operating  below  a  reasonable  capacity  utilisation  level  and  has 

large  reserves  available.  It  was  only  the  low  priced  dumped 

imports  from  china  which  prevented  the  community  industry  from 

utilising  existing  capacity  and  expanding  production  facilities. 

In  addition,  this  argument  is  based  on  a  mistaken  view  of  the 

effects  of  anti-dumping  duties.  Even  with  the  application  of 

duties,  Community  consumers  will  still  be  able  to  buy  Chinese 

-  13 -

magnesite  at  competitive  prices.  Indeed,  as  in  this  proceeding, 

where  the duty  is equal to the dumping margin, but  lower than the 

amount  required  to  fully remove the injury, it is only  the  unfair 

element  of  the  exporters'  price  advantage  which  will  be 

eliminated.  In  such  a  situation,  the  exporters  can  fully  compete 

on  the  basis  of  their  true  comparative  advantage. There  are  also 

many  other  non  Community  suppliers  of  caustic  magnesite  on  the 

Community market. The Commission  sees no danger of any shortage of 

supply. 

(24) The Chinese exporters repeated the argument that it was not in the 

Community  interest  to  impose  ineffective  measures  in  that  anti 

dumping  duties  imposed  on  Chinese  caustic  magnesite  would  result 

in  a  large  increase  in  low  priced  imports  from  North  Korea.  As 

indicated  in  recital  42  of  the  provisional  regulation,  the 

Commission  would  be  made  aware  of  Chinese  imports  being  replaced 

to a large extent by allegedly dumped imports from North Korea and 

in such circumstances  appropriate action would be considered. 

(25) For  the  reasons  given  above  and  in  recitals  41  to  43  in  the 

provisional  regulation,  the  commission  concludes  that  the 

Community  interest  calls  for  intervention  in  this  case.  The 

Council confirms the above findings and conclusion. 

J. COLLECTION OF PROVISIONAL DUTY 

(26) The  Council  considers  that  it  is not  appropriate,  in view  of  the 

change  in  the  form  of  the  duty,  in  this  particular  case,  to 

definitively collect the provisional anti-dumping duty, 

HAS ADOPTED THIS REGULATION 

- 14 -

Article 1 

1. A  definitive  anti-dumping  duty  is  hereby  imposed  on  imports  of 

magnesium  oxide  falling  within  CN  Code  ex  2519  90  90  (Taric 

Code 2519 90 90 10) originating in the People's Republic of China. 

2. The amount of the duty, shall be the difference between ECU 112 per 

tonne and the net, free-at-Community-frontier price before customs 

clearance, if this price is lower. 

3.  The provisions in force concerning customs duties shall apply. 

Article 2 

This  Regulation  shall  enter  into  force  on  the  day  following  its 

publication in the official Journal of the European Communities. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly 

applicable in all Member States. 

Done at Brussels, 

For the Council 

ISSN 0254-1475 

COM(93) 181 final 

DOCUMENTS 

EN 

02  1X 

Catalogue number : CB CO <)3 209-FN C 

ISBN 92-77-55295-6 

Office for Official  Publications of the European Communities 
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